UPSC Mains 2019 GS Paper 2 with Solutions - 1 | UPSC Previous Year Question Papers and Video Analysis PDF Download

Q.1. Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of 'checks and balance'? Explain.

Indian constitution have meticulously defined powers and functions of the different organs of the state. Legislature, executive and judiciary have to function within their own spheres demarcated under the constitution. Unlike the US constitution, instead of having strict separation of power India follows the principle of ‘checks and balance’ which is evident from the various constitutional provisions dealing with executive, legislative and judicial organs.

• The executive power of the state is exercised by the President, who acts on the advice tendered by the council of ministers headed by the Prime Minister. However, according to article 75, the council of ministers with the responsibility of forming policies and implementing them are the members of the Parliament and responsible to the Lok Sabha.
• Under the constitutional provision, Parliament in India includes the Lok Sabha, the Rajya Sabha and the President. Parliament, the legislative body, has the head of executive as its integral part. Accordingly, the parliament uses different motions like censure motion, no confidence motion, etc., to check the functioning of the council and hold them responsible. Further, the Parliament under article 61, can impeach the President for violation of the Constitution.
• Within the constitutional provision India has an independent judiciary with the Supreme Court at its apex. Provision of judicial review and writ under Article 32 and 226 empowers the Supreme Court and the High Courts respectively to check the constitutional validity of the executive and legislative actions. Independence of the judiciary has been ensured in the constitution but the same has been interlinked with executive and legislative organ of the government. For instance appointment and transfer of judges of High Courts and the Supreme Court is done by the executive. Further, the removal of the judges of the High Courts and Supreme court is done by the Parliament.
• Idea behind the doctrine of separation of powers is to create separate power centers rather than having all power concentrated in a single institution. Though on the whole, the doctrine of separation of power in the strict sense is not possible in modern political system, its value lies in emphasis of checks and balance, which are necessary to prevent abuse of power and uphold the rule of law. All three of them are strong pillars of India which support and strengthen each other. Thus, keeps a check and ensures smooth functioning of the whole system and the nation.

2. The central administrative tribunal which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain.

A new Part XIV-A was added to the Constitution by the 42nd Amendment Act of 1976. This part is titled as ‘Tribunals’ and consists of Article 323A which empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of public servants.

Consequently, the Central Administrative Tribunal (CAT) was established by an Act of 1985. The Principal seat of CAT is at New Delhi with additional benches in different states. The CAT has been given original jurisdiction in relation to recruitment and all service matters of public servants covered by it.

The Central Administrative Tribunal (CAT) acts as an independent judicial authority i.e. it performs the duties free of influence or control by other actors.

• Article 323A enables the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals.
• CAT is of statutory origin, as opposed to Supreme Court and high courts which have direct origin from the Constitution. Nevertheless, the 1985 Act, by establishing CAT, has opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.
• The members of CAT are drawn both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.
• CAT is free from technical rules of Indian Evidence Act, 1872 and procedural shackles of the Code of Civil Procedure, 1908 but it has been vested with the powers of Civil Court in respect of some matters including the review of their own decisions and are bound by the principles of natural justice.
• Recently, the Delhi High Court has held that the CAT can exercise the same jurisdiction and powers, as a High Court, in respect of its contempt proceedings. Thus, it gave more power to act as an independent judicial authority.
• In another case, the CAT has taken a swipe at Delhi High Court because during June vacations the High Court has heard briefly a case which was originally pending before the tribunal.

However, the Central Administrative Tribunal still cannot be called truly independent judicial body because

• the Tribunal members do not enjoy powers like other judges who hold constitutional posts, and
• it is dependent on the executive for appointing members of the tribunal and their funding.
• Thus, it can be fairly argued that the tribunal which was formed for grievance and complaints redressal has although evolved into a judicial body but it cannot be called entirely independent.

Q.3. What are the methods used by the farmers’ organisation to influence the policy-makers in India and how effective are these methods?

Farmers’ organizations are seen as a useful organizational mechanism for mobilizing farmers’ collective self-help action aimed at improving their own economic and social situation and that of their communities. Such organizations are perceived to have the ability to generate resources, mobilise support and exert pressure with the help of their members. They operate at different levels from the local to the national.

Methods used by organizations

• Awareness generation: They try to gain public support and sympathy for their goals and their activities by carrying out information campaigns, organising meetings, filing petitions, etc. Most of these groups try to influence the media into giving more attention to these issues.
• Lobbying: Powerful farmers groups like sugarcane farmers of Maharashtra and UP try to influence policy making in their favour like getting favourable MSP and payment of arrears.
• Protest: They often organise protest activities like strikes or disrupting general administration. These protests of late have centred around issues like loan waiver, higher MSP, free electricity, etc. The recent farmers’ march to Delhi under the Bharatiya Kisan Sangh banner was such an example.
• Activism: This method includes publicizing important issues, petitioning courts, preparing draft legislation and gaining public attention in matters related to farmers like issues pertaining to GM crops.
• Recent trends: Farmers organisations recently have also employed innovative ways like spilling milk and vegetables on highways or appearing to consume dead rats, soil and urine at Delhi’s Jantar Mantar etc.

However, these moves have hardly bore the desired results:

• In a situation of impending unrest the government often takes to populist measures instead of employing a solution which is good for the nation and the farmers in the longer run.
• The government often takes short term respite such as farm loan waiver, higher MSP, cash transfers in farmers’ accounts, etc.
• Even if the government resorts to such populist measures its effective implementation is often absent. For example, rise in MSP is of no use if there lack of infrastructure to procure grains from the hinterland or if the masses are unaware of such a scheme.
• Moreover, several policy recommendations have not been implemented as the government is not fully aligned with the suggestions. For example, the Swaminathan Committee recommendations is yet to be fully implemented.

Thus, although organising the protest and mobilising support help in gaining the attention of the public and the government, it can be argued that they have resulted in little on the ground.

Q.4. From the resolution of contentious issues regarding distribution of legislative powers by the courts, 'Principle of Federal Supremacy' and 'Harmonious Construction' have emerged. Explain.

Division of power is a basic feature of federalism. The Constitution provides for a three-fold distribution of legislative subjects between the Union list, the state ist, and the Concurrent List in the Seventh Schedule. However, contention develops in categorization of legislation into the entries of these three lists. To resolve these contentions, courts have evolved various principles.

Principle of harmonious construction

• When there is a conflict between the statue’s provisions between the union and state list then the rule of harmonious construction needs to be adopted. The rule follows a very simple premise that every statute has a purpose and intent and should be read as a whole. The widest interpretation of the provisions of the statute should be allowed. Also, the Court should help in removal of the inconsistency of the statute’s language in order to reconcile the contention. For instance, the conflict between centre and state arose in Shri Krishna Rangnath Mudholkar vs Gujarat University, 1963 on the validity of Gujrat University Act. The court used this principle to allow the State government to make law on excluded items(reserved for the centre) as an extension to its power to legislate on education, to the extent it does not contradict the union law.

Principle of Federal Supremacy

• When a statute’s provisions fall in both state and union list, then the centre would have the dominant legislative power. The state and concurrent list are subordinate to the Union list. The Supreme court can apply this principle as a last resort if attempts to find a solution under the Principle of Federal Supremacy fails.
• In the era of cooperative and competitive federalism, conflicts should be minimized as far as possible. States should bring reform in important areas like Police, Agriculture marketing, etc. and coordinate with other states and centre in order to have a uniform legislative framework in key areas. With the recent steps like one nation, one ration card, more federal cooperation would be necessary.

Q.5. What can France learn from the Indian Constitution’s approach to secularism.

European countries like France have struggled to find a middle way between secularism and state religion that combines national and religious identity, and where ethnic and religious minority groups can co-exist within state’s institutions. This can be seen in the banning of Islamic clothing, kosher or halal meals and burqas in France.

But India’s experiences can perhaps shine a light to the rigid form of secularism practiced in France:

• Although, the term ‘Secular’ was added to the preamble by the 42nd Constitution Amendment Act of 1976, the spirit of secularism, derived from Indian cultural ethos, was implicit in it.
• Indian philosophy of secularism is related to “Sarva Dharma Sambhava” which means equal respect to all religions. The State maintains a “principled distance” from all religion and intervenes wherever necessary, for example -Sabarimala Temple and Triple talaq issue.
• Like the French, Indians tend to consider secularism as part of their national identity. It is ingrained in both Constitutions but when it comes to treatment of minorities, French minorities feel targeted by “laicite”(secularism) while Indian minorities see secularism as their best protection, thus preventing them from differential treatments and phobias.
• In India, both state and religion can, and often do, interact and intervene in each other’s affairs within the legally prescribed and judicially settled parameters.
• As per the French model, the state cannot give any financial support to educational institutions run by religious communities. In India, educational institutions may receive assistance from the state.
• In India, state has the policy of setting up Departments of Religious Endowments, Wakf Boards, etc. It is also involved in appointing Trustees to these boards.
• In France, the state tries to push religion into the private sphere, where religious symbols can not be publicly displayed. Indian secularism has no such objectives and special rights are given to different communities, like- Muslims have personal laws and Sikhs are allowed to carry Kripans (Knives).

We may observe this from the fact that very few people in India were radicalised and joined ISIS as compared to their western counterparts. The concept of secularism prevalent in France has its roots in religious wars and discontent but Indian secularism has evolved in relative harmony and in light of great civilizational and cultural antecedents. Thus, Indian secularism is not an end in itself but a means to address religious plurality and aims to achieve peaceful coexistence of different religions. In times of globalisation, when almost all the countries have now become multi-religious, it is the need of the hour to learn from Indian secularism

Q.6. Despite the consistent experience of high growth, India still goes with the lowest indicators of human development. Examine the issues that make balanced and inclusive development elusive.

Human development is increasingly viewed as the ultimate goal of development. It has multiple dimensions such as life expectancy at birth, education, standard of living, healthcare, inequalities, etc. and these can be improved and achieved with the rapid economic growth.

The Human development is best measured by the United Nations Human Development Index and the World’s Banks Human Capital Index. While, the economic growth is measured by the Gross Domestic Product or gross national product. However, there exists a strong correlation between Economic Growth and Human Development as Economic Growth provides the necessary resources to permit sustained improvements in Human Development.

• India today is among the largest economies of the world. However, according to the United Nations Human Development Index report 2018, India ranks 130 out of 189 countries. The HDI 2018 highlighted some improvements such as increased life expectancy at birth, increased enrollment in schools, etc. However, India’s gross national income per capita also increased by a staggering 266.6 per cent between 1990 and 2017.
• According to the World Bank’s Global Human Capital Index 2019, India ranks 115th out of 157 nations. The report also held that a child born in India is likely to be only 44% productive when (s)he grows up, if (s)he receives education and adequate healthcare. So, This clearly states that the Indian economy has failed to provide a trickle-down effect.

Reasons for the lack of Human development

• Unequal Distribution of Wealth and Non-inclusive growth: In the last five years, only 1% of the wealthiest in India increased their share in wealth of around 60% and the richest 10% in India own more than four times more wealth than the remaining 90%.
  • This results in an uneven distribution of wealth across the various sections of the society and it marks the prevalence of high inequality in the Indian socio-economic paradigm which led Non-inclusive growth and low human development.
• Jobless growth: With increasing economic growth, the rate of growth of employment has declined.
  • According to NSSO, unemployment is India is highest in 45 years.
  • With rising population and, consequently, the labour force, India will soon experience demographic disaster rather than a demographic dividend.
  • Also, according to ASSOCHAM, there is no deficiency of the adequate number of jobs, but the majority of the labour force doesn’t have adequate skills required by the market.

Dismal condition of Education and Health:

• On comparison with similarly placed emerging economies, India spends way too low in the education and health sector.
• India spends 3% of GDP on education and 1.5% of GDP on health.

Education status in India

• Independent India retained the largely colonial superstructure of primary, secondary, and tertiary education, which emphasis on rote learning and obsession with marks in the exams.
• Consequently access, quality, and outcomes all are far lower than what anyone would have desired.
• Dropouts are only one outcome of bad quality. Poor learning outcomes, low employability of graduates, low productivity, and consequent low wages constitute another set of outcomes.
• All these outcomes are reflected in the Annual Status of Education Report (ASER) 2018, which concluded that the quality of education is far from satisfactory.

Health status in India

• Even after many government schemes, both the infant mortality rate and the maternal mortality rate remains high.
• There is a high prevalence of malnutrition in Indian children, reflected in a high percentage of Child stunting, wasting and underweight.
• The neglect of women’s health, in particular, is striking.
• Apart from it, India features the highest deaths in the world due to air pollution.

Also, there is a disconnect between the rate of technological growth and ability to distribute the gains from it by adequately focusing on skilling (via knowledge, education) and health, which is critical for greater resilience and sustained productivity.

Though the government has initiated many schemes for enhancing human capital i.e. Skill India, Digital India, Startup India, Ayushman Bharat. However, the results are not yet promising.

Way forward

• The government needs to increase public expenditure on health and education as envisaged by National health policy 2017 (2.5% of GDP) and Draft education policy 2019 (6% of GDP).
• Apart from holistic reforms in education, Right to Education must be accompanied by Right to Learning.
• Promotion of Primary health centre under Ayushman Bharat, which focuses on preventive healthcare is a step in the right direction.
• The government should also focus on promoting labour-intensive sectors such as gems and jewellery, textiles and garments and leather goods.
• Skill framework in India needs to integrate with industries, so as to increase the employability of the Indian labour force.
• The government should make efforts to curb digital divide, as it creates and reproduces socio-economic backwardness.

Human development and economic growth share a cause and effect to each other relationship. Therefore, without investing in Human capital and addressing current economic slowdown, the goal to becoming a $5 trillion economy, will remain a pipe dream for India.

Q.7. There is a growing divergence in the relationship between poverty and hunger in India. The shrinking of social expenditure by the government is forcing the poor to spend more on non-food essential items squeezing their food budget. Elucidate.

Since the economic reforms, Urban Head Count Ratio (HCR) poverty fell from 32% in 1993-94 to 21% in 2009-10. The fall in poverty in rural India has been even more spectacular, where HCR declined from 50% to 34% in the same period. However, this looks decidedly uncomfortable when confronted with another set of facts on the prevalence of hunger(or under-nutrition) in India.

Despite increase in real income of the people over the last two decades, overall calorie consumption and nutritional intake has not commensurately increased. According to Global Hunger Index, India is second after South Sudan, when it comes to wasting (low weight for height) among children. Also,there are millions of children and adults suffering from “Hidden Hunger”.

• The poor are increasingly spending more on education,healthcare,transportation,fuel and lighting. The share of monthly expenditure devoted to these items has increased at such a pace that it has absorbed all the increase in real income over the past decades. This has led to a ‘Food Budget Squeeze’.
• Possibly, the most important reason for this is shrinking social expenditure by the government which is rendering the urban and the rural poor dependent on market prices of non-food essential items, like education,healthcare etc which are typically high.
• Social sector spending has always been low in India compared to other countries. According to the National Health Profile 2018, India spends 1.02% of the gross domestic product on public healthcare, while Maldives spends 9.4%, Sri Lanka 1.6%, Bhutan 2.5%, and Thailand about 2.9%. In education, India’s public investment is around 2.7% of GDP, while it is 3.4% in Sri Lanka and 7.4% in Bhutan.
• Another reason is, rural working people are migrating in large numbers to urban centres or other rural areas in search of work. Most of such migration is temporary and seasonal in character, and involves travelling relatively large distances. This large circulation of labor does have substantial impact on the expenditure patterns of households. For instance, an increasingly footloose labourforce means that a large section of the working poor have to bear higher costs of transportation, maintain communication with the sites of work (much of which is seasonal in character), and are deprived of traditional non-market sources of food when away from home.
• Hunger persists in India also because of a decline in access to non-market food sources, preference for ‘better tasting more expensive calories and increased spending on luxury items like radio, TV, and mobile phones, as economist Abhijit Banerjee writes in his book – “Poor Economics”.
• In recent times, talks of Universal Basic Income and replacing food subsidies with Direct Benefit Transfer are gaining ground. These measures may further aggravate the crisis of hunger by exposing the poor to market volatility.

Economists Amartya Sen and Jean Dreze distinguish two aspects of social security — “protection” and“promotion”. While the former denotes protection against a fall in living standards through ill health, accidents; the latter focuses on enhanced living conditions- “capability building”.Government needs to take care of these by increasing expenditure on education upto 6% of GDP as recommended by Kasturirangan committee, and meet the target of spending 2.5% of GDP on health helping the poor to focus on nutrition.

Q.8. Implementation of Information and Communication Technology (ICT) based projects/programmes usually suffers in terms of certain vital factors. Identify these factors and suggest measures for their effective implementation.

Misgovernance has been a major issue that have marred the effective implementation of government schemes and policies. Therefore, the government has been spearheading radical digitisation to induce economic inclusiveness and social transformation, through initiatives like, ‘Digital India’, ‘Make in India’ and Skill India.

However, implementation of Information and Communication Technology (ICT) based programmes usually faces another set of complex challenges.

Challenges in implementation of ICT based programmes

• Low digital literacy: Illiteracy rate in India is more than 25-30% and digital literacy is almost non-existent among more than 90% of India’s population.
• Poor internet connectivity: Rural India suffers from poor internet penetration due to lack of electricity and poor network quality. This has led to difficulties in Aadhaar Enabled Payment Services (AEPS) and last mile delivery of services.
• Problems in Common Service Centres: Lack of proper infrastructure facilities, unavailability of skilled workforce, huge population to serve, unavailability of last mile connectivity are some common issues faced by CSCs in India.
• Errors and Omissions in technology implemented: Issues related to identity mismatch and denial of services to beneficiaries. For ex: cases where senior citizens have been denied ration via PDS shops due to fingerprints mismatch.
• Non-inclusive nature of technology used: Problems faced by senior citizens, differently-abled, illiterate persons due to complex design of ICT based solutions.
• Privacy concerns: Programme implementation using digital technology requires authorization for collection and usage of public information at large scale. Since, privacy being a fundamental right, there are concerns related to mishandling and misuse of user information.
• Data theft and online security: Cyber security issues like cyber attacks, data theft can cripple sensitive government digital infrastructure like servers, power supply, communication links, etc.
• Geographical and weather related problems: Population residing in difficult terrains like North Eastern hilly region, islands of Andaman and Nicobar and Lakshadweep are difficult to reach. Extreme weather events like cyclones, tsunamis, etc can hamper key communication and mobile internet services.

Measures for effective implementation

• Creating suitable infrastructure: Increasing the number of Common Services Centres and addressing the connectivity issues should be the first priority.
• Increasing investment in human capital formation: Improving digital literacy among the rural youth. Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA) that envisages making one individual digitally literate in every rural household is a step in the right direction.
• Changes in design and structure of technological solutions: Government websites should be made user friendly so that they can be used by differently abled and senior citizens.
• Mandating digital literacy in school curriculum and co-curricular activities on the lines of IT Club ‘e-Kidz’ formed by students of the Government Upper Primary School at Koothattukulam in Kerala.
• Involving Private sector organizations: Corporates can be asked to spend their CSR funds in digital training and providing technological solutions for societal needs.
• Role of NGOs and civil society groups: Akshaya Patra Foundation digitized their kitchen and enabling realtime data collection for serving food to more than 1.76 million children across 12 states in India.

Even though there are several challenges in the effective implementation of such programmes but the benefits of ICT based solutions cannot be neglected. It helped to save revenue for exchequer by plugging leakages, weeding out ghost beneficiaries, targeted delivery of services in real time etc. It has improved transparency, accountability and last mile delivery of basic services to the citizens.

Hence, if the challenges and lacunae of ICT based programmes are effectively tackled, e-governance can prove to be an effective tool in bringing social transformation thereby realising the dream of inclusive and prosperous India.

Q.9. The time has come for India and Japan to build a strong contemporary relationship, one involving global and strategic partnership that will have a great significance for Asia and the world as a whole. Comment.

The India-Japan partnership, described as one of the most rapidly advancing relationships in Asia, has emerged as a significant factor contributing to the stability and security of the Indo-Pacific region. Deviating from the traditional policy of focusing on economic engagements, the partnership has significantly diversified to include a wide range of interests—including regional cooperation, maritime security, global climate, and UN reforms.

The strategic consequences of a rising China in the Indo-Pacific is providing greater momentum to the India-Japan partnership. Both Japan and India through strategic convergence seeks to re-calibrate Asia’s balance of power. It can be reflected in flowing initiatives:

Cooperation in Indo-Pacific region:

• It is a confluence between India’s Act East policy and Japan’s Free and Open Indo-Pacific strategy.
• It will strengthen the rule of law and freedom of navigation, which is threatened by China’s muscle flexing in the South China sea.
• It will enhance cooperation with Japan and ASEAN countries.

Asia Africa Growth Corridor (AAGC):

• Japan looks to invest nearly $200 billion in Asia Africa region, that will turn the 21st century from an Asian century to Asian-African century.
• Japan will provide the state of the art technology and India will bring its expertise of working in Africa.
• AAGC seeks to counter China’s influence, that it is establishing through Belt and Road Initiative.
• Japan, US, India(JAI) and Australia combinedly called Quad, is seen as an informal organisation that seeks to counter China.
• Japan is taking the North-East Road Network Connectivity improvement project, this will be a crucial link in India’s Act East policy.
• India and Japan are negotiating cross-service agreements that will give access to each other’s military facilities and could foster much closer military to military relations.

Apart from this, there are several engagements between India and Japan which are independent of China.

• Economic engagement: Japan has made investment in India’s infrastructure. For example: Delhi-Mumbai economic corridor, Bullet train, Delhi metro etc.
• India along with Japan, Brazil and Germany forms the grouping called G4 countries, that seeks UNSC reforms.

India is the first(non-signatory of the Non-Proliferation Treaty or NPT,) country with whom Japan has signed a civil nuclear deal.

• This will establish India’s credibility as a responsible nuclear power.
• It will boost India’ make in India initiative.
• It will augment India’s INDC commitment at Paris climate deal.

Japan can prove to be a development multiplier in India. Therefore, India should develop an independent relation with Japan which is not to be seen in the context of China, US or any other country.

Q.10. Too little cash, too much politics, leaves UNESCO fighting for life.’ Discuss the statement in the light of US’ withdrawal and its accusation of the cultural body as being ‘anti-Israel bias’.

UNESCO was created in 1945 with the firm belief that, forged by two world wars in less than a generation, political and economic alliances were not enough to build world peace. In this sense, peace must be established on the basis of humanity and our moral and intellectual solidarity with one another.

The announcement of the US to withdraw from this cultural body has once again highlighted the politicization of its activities and limitation of funds-

• At the heart of its problems is a financing crisis since 2011, when UNESCO voted to admit Palestine as a full member state and Washington responded by halting payment of its annual $80 million in dues.
• Since then, Israel has regularly complained over resolutions on cultural sites in the West Bank and Jerusalem, arguing that they are worded to delegitimize the Jewish state. Israel’s foes say it uses U.S. support to deflect bona fide criticism.
• Without U.S. money, UNESCO, which employs around 2,000 people worldwide, has been forced to cut programmes, freeze hiring and fill gaps with voluntary contributions. Its 2017 budget was about $326 million, almost half its 2012 budget.
• Other major contributors such as Japan, Britain, and Brazil delay funds, sometimes citing objections to the body’s policies.
• Japan, for example, has threatened to withhold dues over the inclusion of the 1937 Nanjing Massacre in the body’s “Memory of the World” programme.
• Russia and Ukraine have been at odds over Crimea, with Kiev accusing Moscow of trying to legitimise its annexation of the territory through UNESCO.

The fact is that UNESCO was all about solidarity and creating a climate for peace between countries, but nations now use their dues/funds to influence programmes. The preservation of shared human heritage needs a concerted effort involving all countries, for this, nations should sacrifice zero-sum game of politics.